bkn96
11-25 08:39 PM
Ron Gotcher Latest ' ImmInfo Newsletter' states clearly 485 denial is illegal
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CIS issuing illegal AOS denials based on I-140 revocations
Recently, the CIS has been issuing denials ofadjustment of status applications in cases where the applicant has an approved I-140, and an AOS application pending for more than 180 days, but the petitioning employer has attempted to revoke the approved I-140.
These denials are patently illegal. They violate both CIS policy and statutory law. Both statutory law and explicit CIS policy are clear on this subject: An employer may not revoke an approved I-140 petition after an adjustment of status application has
been pending for at least 180 days. While we have not seen denials of any of our cases, we have seen a number of such denials by applicants who have contacted our office to assist them with filing motions to reconsider. It is shocking that the CIS
continues to issue denials even after the first MTRs were submitted. They are issuing these denials with full knowledge that there is no legal basis for what they are doing and that their actions violate existing law.
Anyone who receives such a denial must file a motion to reconsider immediately. The CIS has said that they are processing MTRs within 60 days. If the MTR does not result in a reversal of the denial within 60 days, the applicant should proceed in US District Court immediately to see a reversal. Immediate action is necessary to prevent the accumulation of unlawful presence following the denial.
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***********
CIS issuing illegal AOS denials based on I-140 revocations
Recently, the CIS has been issuing denials ofadjustment of status applications in cases where the applicant has an approved I-140, and an AOS application pending for more than 180 days, but the petitioning employer has attempted to revoke the approved I-140.
These denials are patently illegal. They violate both CIS policy and statutory law. Both statutory law and explicit CIS policy are clear on this subject: An employer may not revoke an approved I-140 petition after an adjustment of status application has
been pending for at least 180 days. While we have not seen denials of any of our cases, we have seen a number of such denials by applicants who have contacted our office to assist them with filing motions to reconsider. It is shocking that the CIS
continues to issue denials even after the first MTRs were submitted. They are issuing these denials with full knowledge that there is no legal basis for what they are doing and that their actions violate existing law.
Anyone who receives such a denial must file a motion to reconsider immediately. The CIS has said that they are processing MTRs within 60 days. If the MTR does not result in a reversal of the denial within 60 days, the applicant should proceed in US District Court immediately to see a reversal. Immediate action is necessary to prevent the accumulation of unlawful presence following the denial.
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eb3retro
03-11 01:38 PM
I do not know if USCIS is going with receipt date or any procedure. My Receipt date is June 27, 2007. Notice date is August 9, 2007. My case is not touched either till now.
pls see my reply to gc please..
pls see my reply to gc please..
jonty_11
07-24 02:52 PM
I don't know much about the process, I just came to America less than 1 year back, but I know my lawyer was supposed to mail application to reach on July 2, 2007 instead he made a mistake to reach on June 29, 2007 because he said July 1, 2007 was a Sunday so he would rather be early than late. USCIS accepted and receipted me.
I am the manager in my brother's gas station in LA. He got a investor visa when he came from Punjab but now he is citizen. I am on EB3. I have Bachelors in Business Administration from Panjab University in Chandigarh. I can't be EB1 or EB2, I barely made it through college :D
makes no sense.....
EB3 India setp 2006 wasnt even current in Jun 2007....
I am the manager in my brother's gas station in LA. He got a investor visa when he came from Punjab but now he is citizen. I am on EB3. I have Bachelors in Business Administration from Panjab University in Chandigarh. I can't be EB1 or EB2, I barely made it through college :D
makes no sense.....
EB3 India setp 2006 wasnt even current in Jun 2007....
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arnab221
06-23 09:30 PM
I thought Murphy's law of " Whatever can get delayed will get delayed " , applied to me only. Looks like in the US GC process it applies to everybody else also .
:D
:D
more...
kak1978
08-25 11:17 PM
Try IDBI, they have good rates.
swo
07-22 01:11 PM
One major issue is, every year they are going to receive 600K EAD renewals. They will never get time to work on 485, but life long working on renewing this EAD's and no more further GC processing.
Remember...some of these 600K will get the GCs or have them denied. For example, concurrently filed I-140s will be denied etc. So the numbers may reduce over time.
....
So, no worries. There must be a solution ahead for us.
Correct. They will have ways of trying to cope. If they need more workers, they will somehow get them.
Remember...some of these 600K will get the GCs or have them denied. For example, concurrently filed I-140s will be denied etc. So the numbers may reduce over time.
....
So, no worries. There must be a solution ahead for us.
Correct. They will have ways of trying to cope. If they need more workers, they will somehow get them.
more...
acecupid
09-05 04:21 PM
I agree with the above posts, they are stealing money by having stupid charges. Why do you need to charge a customer Rs.400 for changing his account password. It is absolutely ridiculous! Compare that to a bank in US, you just go online and change the password. Also, they have 2 passwords one called Account password to login to the account and another called Transaction password for making any transactions. So the more number of passwords you have the more you tend to forget either of them and they can charge you Rs.400 for each password reset!:mad:
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django.stone
03-05 11:51 AM
My case does not have a LUD.
more...
canleo98
08-12 01:00 AM
What BEC? BECs were established in March 2005.
BEC= Backlog Elimination Center, theywere for elimination of backlogs for LC's:o
BEC= Backlog Elimination Center, theywere for elimination of backlogs for LC's:o
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eb3_nepa
04-25 01:04 PM
So what happens to people who already have a PD based on the labor(LC) date?
I dont want to go a step back in the line just cuz someone who had been lethargic all his life just woke up on his last day of his 6th year and goes "Ohh you know what I think I might be interested in a GC" ,when I had planned or had the *intent* to apply for a GC a few years before by applying for LC.
I agree. Also it will be a MONUMENTAL fiasco at the UCSIS and DOL. How do we forsee changing existing applicants' PDs. That will be atleast a 4-6 month backlog and i am being optimistic here.
I dont want to go a step back in the line just cuz someone who had been lethargic all his life just woke up on his last day of his 6th year and goes "Ohh you know what I think I might be interested in a GC" ,when I had planned or had the *intent* to apply for a GC a few years before by applying for LC.
I agree. Also it will be a MONUMENTAL fiasco at the UCSIS and DOL. How do we forsee changing existing applicants' PDs. That will be atleast a 4-6 month backlog and i am being optimistic here.
more...
kvranand
01-14 01:16 PM
Recieved an e-mail from USCIS that our (family) AP's are approved.
RD 08-13-07 (NSC)
ND 09-19-07
AP 01-11-08 (4~5 processing time!!)
I believe this info is helpful for those who are waiting.
RD 08-13-07 (NSC)
ND 09-19-07
AP 01-11-08 (4~5 processing time!!)
I believe this info is helpful for those who are waiting.
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kevinkris
05-27 12:47 PM
goto top..
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mpadapa
09-09 03:12 PM
contributed 1% towards the target ($300 Google Order #755634519056506). Feels good:D
Let us rock and roll in DC on Sep 18..
GO IV GO
Let us rock and roll in DC on Sep 18..
GO IV GO
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sirinme
07-21 03:42 PM
I just upgraded my monthly contribution to $50.
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ramus
07-18 02:32 PM
Thank you so much.. Lets show core members how much we appreciate their work...
By contributing we are helping ourself and getting ready for our next big fight.... This thread is still just 2 pages. I remember update thread gone to 100 pages in an hour..
Hello
I have made my first contribution of $100
Google:867468246130567
Thanks
Greater Richmond
By contributing we are helping ourself and getting ready for our next big fight.... This thread is still just 2 pages. I remember update thread gone to 100 pages in an hour..
Hello
I have made my first contribution of $100
Google:867468246130567
Thanks
Greater Richmond
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needhelp!
11-09 01:47 PM
I am sure there are so many others like you. I hope all these affected individuals will set up appointments with their congressman to tell them how their system is playing with our lives.
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tsnaresh
07-15 10:32 PM
Keep up the good work!!! I have just sent a check for $50 online.
Thanks
Thanks
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Leo07
12-15 12:19 PM
Just as you took initiative to post this message...Start a Poll of who are willing to Join you with this initiative--Of Donating to IV,with this one-point agenda.
Once you have 5-10 people behind you and you look serious enough, IV can guide you with your initiative. As you might know already that there are no full-time employees in IV to pickup requests.
I totally understand that you would want to "part" with money only with some kind of promise. That's totally normal. But, just to get your 'Donation', IV or any member will/can not make any false promises.
After I-140 approval if we are allowed to file 485 that will give us big relief, Willing to contribute big time if IV can make this part of its agenda
Once you have 5-10 people behind you and you look serious enough, IV can guide you with your initiative. As you might know already that there are no full-time employees in IV to pickup requests.
I totally understand that you would want to "part" with money only with some kind of promise. That's totally normal. But, just to get your 'Donation', IV or any member will/can not make any false promises.
After I-140 approval if we are allowed to file 485 that will give us big relief, Willing to contribute big time if IV can make this part of its agenda
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ajju
08-13 09:01 PM
What they are calling HEAVY DEMAND from EB-3 when it has been unavailable for the last two months and before that it was stuck in 2001. There are a whole lot of visas going to EB-2 people who filed in 2006 just two years back . If a person who filed in 2001 can't get his GC
I think they are talking about EB3 Mexico... Doesn't make any sense for EB3-India as it has already been unavailable.. so what does heavy load signifies... I am positive EB3-I will open up... may be more retrogressed than last availability.. but it will be available on Oct 1...
I think they are talking about EB3 Mexico... Doesn't make any sense for EB3-India as it has already been unavailable.. so what does heavy load signifies... I am positive EB3-I will open up... may be more retrogressed than last availability.. but it will be available on Oct 1...
piyu7444
04-30 07:31 PM
If you click on the userCP on the top left side on the forum page, you can see a bunch of reviews for your posts, if you have any (be it red or green dots with or without description). But, you won't know from who you received it though.
so how can you give these dot to other people ?
so how can you give these dot to other people ?
amitjoey
07-18 04:29 PM
I do agree , but I do not see any $20 contribution in google checkout or paypal.We have to mail the checks.I guess we can get more donations if we include $25,$50,$75 contributions in google checkout as well as paypal.Correct me If I am missing some thing.
This has been discussed before, People can send in checks of whatever denomination or pay it thru their banks - Set it up as automatic payment every month if they like. (for smaller denominations).
$50 monthly is minimum. In any case, is $50 a big amount? for such a cause?
This has been discussed before, People can send in checks of whatever denomination or pay it thru their banks - Set it up as automatic payment every month if they like. (for smaller denominations).
$50 monthly is minimum. In any case, is $50 a big amount? for such a cause?
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